Worcester City Council backs revamping of dog laws

Thursday

Nov 29, 2012 at 6:00 AMNov 29, 2012 at 11:46 AM

By Nick Kotsopoulos TELEGRAM & GAZETTE STAFF

The City Council has given preliminary approval to an amendment that repeals the pit bull ordinance enacted in 2011 and deletes the city's dangerous and nuisance dog provisions that have been on the books for several years.

By a unanimous vote Tuesday night, the council agreed to advertise the amendment, which brings the city's rules governing the licensing and regulation of dogs into conformity with comprehensive statewide animal control regulations that took effect Oct. 31.

The amendment to the city's animal control ordinance will be back before the council for final action Dec. 11. If passed, it will take effect retroactive to Nov. 1.

The pit bull ordinance, passed after many dog attacks in the city, has to be repealed because the new state law bans the regulation of dogs based on breed and contains specific provisions concerning dangerous and nuisance dogs.

The amendment also repeals the local option statute adopted by the council in 1986 that gave the city power to enact a local ordinance regulating dogs.

The new state law also has revised the process in which the police investigate dog complaints. It institutes a procedure whereby dog complaints will result in a hearing held before a hearing officer, who may issue orders requiring the dog(s) to be confined to the owner's premises, restrained by leash or muzzle when off premises, insured, reproductively altered or destroyed.

City Manager Michael V. O'Brien has designated Elvira Guardiola, the city's parking administrator and municipal hearing officer, to act as the hearing authority for animal control complaints.

In other business, the City Council:

•Supported the recommendation of its Rules and Legislative Affairs Committee to modify the rules for the election of the Worcester Public Library's board of directors.

Under the change, candidates for the library board will be given the opportunity to appear before the City Council to state publicly why they wish to be appointed to the board.

“We just want to give them an opportunity to be heard,” said District 3 Councilor George J. Russell, committee chairman. “They will be allowed to speak for three minutes. It's not a mandate that they need to be heard.”

The rule change will take effect with the upcoming election of two new members to the library board.

The six-year terms of the 12 members of the library board are staggered in such a way that there are two openings every year.

Councilor-at-Large Konstantina B. Lukes had asked her colleagues to consider tweaking the election process because she does not feel it gives city councilors the ability to interact with any candidates, except for at a brief reception that is held at City Hall the night the council elects two new members.

She contends the current process tends to give an advantage to those who are politically connected and turns off those who aren't.

•Referred to its Economic Development Committee the city manager's plan to enhance the marketability of the South Worcester Industrial Park by providing real estate tax exemptions to developers based on the size of the building to be constructed and the number of jobs to be created and retained over a set length of time.

City Manager Michael V. O'Brien said the incentives would only be offered to those developing the city-owned parcels in the park. The proposed tax exemptions would range from between 40 percent to 100 percent.

•Referred to its Economic Development Committee the city manager's plan to offer a 10-year tax break to Tricab Inc., a maker of cables, to help finance its planned $19.4 million expansion in the Worcester Airport Industrial Park.

Tricab wants to wants to expand its operation at 15 Coppage Drive with a 75,000-square-foot compounding facility adjacent to its existing building.

The expansion will allow Tricab to manufacture wire and cable coatings and create 15 new jobs — four professional and 11 skilled positions — in addition to retaining the 50 employees that already work there.

•Referred to its Economic and Development Committee a comprehensive housing market study prepared by RKG Consultations, after hearing a presentation on it from the city administration.